Trump change.Mention "eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in ," and most people think of the government obtaining land to build such public works public works pl.n. Construction projects, such as highways or dams, financed by public funds and constructed by a government for the benefit or use of the general public. Noun 1. as roads or bridges. But authorities in New Jersey have moved well beyond the boundaries set in the U.S. Constitution - "nor shall private property be taken for public use, without just compensation" - to establish a process that lets the owners of gambling casinos scarf up land adjacent to their properties at fire-sale prices. Soon after casino gambling was legalized there in 1979, New Jersey established the Casino Reinvestment Development Authority and gave it the power of eminent domain to help casino investors buy private property. Once a developer finds the land he wants to acquire and a city planning board approves the project, the CRDA CRDA Christian Relief and Development Association (Ethiopia) CRDA Centre de Recherche et de Développement sur les Aliments (French: Food Research Centre, Canada) simply makes a purchase offer and, if the owner demurs, asks a state court to condemn the property. Arguing that the CRDA's actions violate the U.S. and New Jersey constitutions, the Washington, D.C.-based Institute for Justice is representing Vera Coking, a widow who owns a boarding house in Atlantic City that has attracted the attention of millionaire developer Donald Trump. Trump wants to buy the property, raze raze also rase tr.v. razed also rased, raz·ing also ras·ing, raz·es also ras·es 1. To level to the ground; demolish. See Synonyms at ruin. 2. To scrape or shave off. 3. the house, and use the land as a staging area for limousines at his adjacent Trump Plaza hotel and casino. Back in 1983, Coking rejected a $1 million offer by Penthouse publisher Bob Guccione, who wanted to build a casino. But after Trump Plaza was approved in 1994, the CRDA notified her that the "appraised" value of her land was a mere $251,250. It gave her 30 days to accept that amount or face condemnation proceedings. She fought the condemnation and won in Atlantic County Superior Court, only to have the ruling overturned on appeal. The institute is representing Coking before the New Jersey Supreme Court, arguing in part that the CRDA would be taking private property for private use because Trump, not Atlantic City, would own the land. It also contends that the law establishing the CRDA gives the agency eminent domain powers only when acquiring a plot of land is essential to complete a project. Yet Trump Plaza has been operating for more than a year. If left unchecked, the taking has troubling ramifications ramifications npl → Auswirkungen pl : A CRDA victory could establish a precedent giving governments unlimited ability to appraise appraise v. to professionally evaluate the value of property including real estate, jewelry, antique furniture, securities, or in certain cases the loss of value (or cost of replacement) due to damage. , condemn, and confiscate To expropriate private property for public use without compensating the owner under the authority of the Police Power of the government. To seize property. When property is confiscated it is transferred from private to public use, usually for reasons such as private property for the benefit of well-heeled private parties. The U.S. Supreme Court has upheld such "private" takings since the 1954 Berman v. Parker Berman v. Parker, , landmark decision of the United States Supreme Court which refined the clause "nor shall private property be taken for public use, without just compensation" in the Fifth Amendment of the decision, which transferred property from one department store owner to another. If this case reaches the U.S. Supreme Court, the institute hopes the Court would again place some limits on "public use." Two of Coking's neighbors, restaurateur res·tau·ra·teur also res·tau·ran·teur n. The manager or owner of a restaurant. [French, from restaurer, to restore; see restaurant. Vincent Sabatini and jeweler Peter Banin, are separately suing the CRDA and Trump. Sabatini's plight was chronicled in Doonesbury the weeks of February 24 and March 10, marking the second time in recent months (an earlier series concerned medical marijuana) the strip has taken libertarian stands. |
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